Transfer to part-time work: at the initiative of the employee, employer

What is meant by the phrase “part-time work”

According to the norms established by law, the standard working day is 8 hours (which corresponds to a 40-hour working week). At the same time, all employees of enterprises and organizations included in this scheme must be provided with uninterrupted work during this period.

However, in some situations such a regime is impractical and the law fully allows for a reduction in the length of the working day.

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However, the concepts of “short-time work” and “part-time work” should not be confused. The difference between them is fundamental: a shortened day comes by force of law, in particular, it applies to certain categories of workers: disabled people, minors, teachers, etc.

or it is reduced for all employees of enterprises and organizations without exception, for example, on the eve of major public holidays. But part-time work is established at the initiative of a specific employee or employer.

There is also a difference in the payment system : with a shortened working day, the number of hours worked does not affect the rate, but with an incomplete one, it is set strictly in accordance with the time worked.

How to create an order to switch to 0.5 rates

An institution can develop a sample order to change an employee’s rate, since the legislator has not established a single unified form.

The administrative act must be drawn up in writing. The document establishing a part-time working day for an employee (the wording of Article 74 of the Labor Code of the Russian Federation) must contain mandatory details.

A sample order for transfer to part-time at the initiative of an employee or employer must contain:

a header that includes information about the name, address, TIN of the institution;
name of the order;
text stating the reasons and grounds for issuing the document;
a list of orders related to the new work and rest regime, indicating the date of transfer, new duration of work, payment with the wording “in proportion to the time worked”;
manager's signature;
a note about the employee's familiarization.

Does the employer have the right to refuse transfer?

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

In most cases, the transfer of an employee to part-time work requires mutual voluntary consent of the parties, but there are some cases when the employer is obliged to transfer a subordinate, even against his own will. This applies to:

pregnant women,
persons caring for sick relatives,
single parents of children under 14 years of age or under 18 if the child is disabled.

Of course, all these cases must have documentary evidence.

The procedure for transfer at the will of the employer

The transition to part-time work at the will of the employer is almost identical to how it occurs if such a desire comes from a subordinate.

However, there is one important difference that cannot be ignored: the employer is obliged to notify the employee at least two months before the event itself, strictly in writing.

If the employee is against it, he must put a corresponding mark on the notice. In this case, management must provide him with a choice of available jobs within the company, and if the employee does not agree to them, or there are none, he may be fired.

This is important to know: Is it possible to fire a disabled person of group 2 at the initiative of the employer?

What to pay attention to when making an application

The legislator has not provided any unified forms for writing an application, so it can be written in any form or according to a template existing within the company. The main thing is that the structure of the form complies with the rules of office work, and the text complies with the norms of the Russian language.

Structure and form of application for transfer to 0.5 rate

There is currently no approved application form; employees fill it out freely or according to a sample established within the company. The main criteria when writing the form are compliance with office work standards and the rules of the Russian language.

The application header contains the following information:

name of the addressee (enterprise) where the employee is on staff;
Full name of the manager and his position;
information about the employee (position, department, full name).

The text part of the document indicates the employee’s desire to transfer to 0.5 rates and the desired day for the changes to come into force. The application is written in the first person at the initiative of the employee; the reasons for making this decision are also recorded in the form.

Expert opinion

Gusev Pavel Petrovich

Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.

If there are additional facts confirming the need for part-time work, they are written below the main text as an appendix and attached to the application.

When a short-time work schedule is established, the employee retains all guarantees, compensation payments, insurance coverage, and the right to annual leave. If before the transfer the subordinate had the right to additional rest, then these conditions do not change.

Algorithm for transferring to part-time

The entire process of changing the rate for an employee on his initiative includes several actions:

writing a statement by the employee;
issuance of the relevant order;
conclusion of a new agreement to the employment contract indicating the changed working conditions (number of established working hours and wages);
registration of the necessary records by a HR specialist in a personal card and work book;
calculation and payment of wages at the approved rate.

The staffing table also needs to be changed; new details are indicated (number of labor hours per day).

In the case of a transfer at the initiative of the employer, the consent of the employee transferred to 0.5 rates is required, which is drawn up in writing and can take the form of a statement of consent. The employee must be notified of planned changes no later than 2 months before the events occur.

The notice must contain a note from the employee indicating his consent to the transfer or refusal. If the subordinate's decision is positive, the registration takes place according to the generally accepted scheme.

The worker’s disagreement obliges the employer to offer him a choice of free rates in accordance with the employee’s qualifications and education. If this option does not suit the employee, the manager has the right to prepare an order for his dismissal (clause 2, part 1, article 81 of the Labor Code) with the payment of all due funds (severance pay and average earnings while looking for a new job).

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Form 2017

applications for transfer to 0.5 rates at the initiative of the employee – word.

A transfer to 0.5 rates is a possibility established by labor legislation to change an employee’s working hours with a reduction in the number of working hours.

An employer will need a sample order for transfer to 0.5 rates (at the employee’s request) in different situations, since such an administrative document is drawn up when it is necessary to redistribute the employee’s workload. A sample additional agreement for transfer to 0.5 rates will also be required during the documentation process.

Templates for these documents can be developed in the institution: this will make it easier to adjust the employee’s work schedule.

Key points when applying

There are no special requirements for the design of the document, as well as for its descriptive part. The document can be written on an ordinary sheet of A4, A5 format or on company letterhead by hand (only with a ballpoint pen of any dark color) or on a computer.

There is only one condition that must be strictly observed: the application must have a “living” signature of the applicant, that is, when preparing the form, the use of facsimile autographs printed in any way is unacceptable.

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

The application should be made in two copies - one of them should be kept with you, having previously been endorsed by the secretary, the second should be handed over to the management of the enterprise for resolution.

Application for shortened working hours

The time during which an employee, in accordance with internal labor regulations and the terms of the employment contract, must perform labor duties is working time. Normal working hours are generally 40 hours. It involves a five-day work week with two days off (usually Saturday-Sunday) and a daily work (shift) duration of 8 hours.

In some cases and for certain categories of workers, reduced working hours are established. This can be expressed in the form of a reduction in the number of working days per week, a reduction in the duration of daily work, or both. For convenience, for the purposes of our consultation, any reduction in working hours will also be referred to as a reduction in working hours.

We will tell you in our consultation who can and should have a shortened working day and provide a sample of the corresponding application.

How to draw up an additional agreement on the transition to 0.5 rates

An additional agreement is a document establishing a list of specific changes to the employment contract. In accordance with Art. 72 of the Labor Code of the Russian Federation, it is drawn up in writing. When determining the operating mode under new conditions, the agreement must include information:

about the number of days of work during the week;
number of hours of work;
start and end times of the working day;
rest period;
validity period;
terms of payment for work.

The document is prepared in 2 copies and signed by the employee and the employer.

Who will have their working hours reduced?

The employer is obliged to reduce working hours for certain categories of employees. Here are these categories and the permitted duration of their working hours (Part 1 of Article 92 of the Labor Code of the Russian Federation):

workers under 16 years of age - no more than 24 hours a week;
workers aged 16 to 18 years - no more than 35 hours per week;
employees who are disabled people of group I or II - no more than 35 hours per week;
employees whose working conditions in their workplaces, according to the results of the specialty assessment of working conditions, are classified as harmful (grade 3 or 4) or dangerous working conditions - no more than 36 hours per week.

If an employee under the age of 18 combines receiving general or secondary vocational education with work, the duration of working hours for him should not exceed (Part 4 of Article 92 of the Labor Code of the Russian Federation):

12 hours per week - if the employee is under 16 years of age;
17.5 hours per week – if the employee is between 16 and 18 years of age.

The Labor Code of the Russian Federation and other federal laws may establish reduced working hours for other categories of workers (for example, teaching or medical workers) (Part 5 of Article 92 of the Labor Code of the Russian Federation).

In addition to establishing the maximum duration of weekly work, the Labor Code of the Russian Federation also establishes the maximum duration of daily work (shift) (Article 94 of the Labor Code of the Russian Federation). So, for example, for workers aged 16 to 18 years - this is 7 hours a day, and for workers engaged in work with harmful or dangerous working conditions, for whom the reduced weekly work duration is 30 hours or less - 6 hours per day. day.

This is important to know: Can they be fired during or after the probationary period at the initiative of the employer?

It must be borne in mind that with reduced working hours, employees are paid on an equal basis with those who work full time. The exception applies to workers under 18 years of age. They are paid for their work taking into account a reduced working day. True, the employer can make additional payments to such employees from his own funds (Article 271 of the Labor Code of the Russian Federation).

Part-time work

The term “part-time work” is similar to the concept of “reduced working hours”. Part-time working hours can be set for an employee both upon hiring and subsequently at the request of the employee (Article 93 of the Labor Code of the Russian Federation). We described how to draw up an application to transfer an employee to part-time work here. The fundamental difference between part-time working time and shortened working time is that payment for part-time work is made in proportion to the time worked or depending on the amount of work performed.

conclusions

The possibility of transferring an employee to part-time work is provided for by the legislator. The presented changes may be introduced for reasons related to both the employee and the employer.

If an employee has special circumstances that do not allow him to perform work duties during a standard working day, the latter submits an application for a reduction in daily work hours to the manager.

The application is considered by the management and, if approved, is the basis for making adjustments to the employee’s employment agreement.

Part-time application, sample

By order of the Ministry of Social Development dated August 13, 2009, the Procedure establishing the general standard length of the working week was approved.

In accordance with the specified by-law, as well as Article 91 of the Labor Code of Russia, the duration of the working week should be 5 working days with a total duration of 40 hours and 2 days off, i.e. Every day workers must perform their production functions for 8 hours.

If an employee has special circumstances, he has the right to submit a petition to the manager to establish a part-time day. This concept implies:

establishment of later arrival to work and earlier departure;
reducing the duration of the work shift.

An employee has the right to make a corresponding application based on any reasons, and their weight is determined at the discretion of the employer.

When submitting an application to switch to a part-time schedule (day or week), it should be taken into account that such a schedule may affect the amount of wages - at the employer’s discretion, the wages of employees with a shortened day are paid in proportion to the hours worked, and not at the full rate.

The legislator has provided a number of grounds under which the employer does not have the right to refuse to establish a part-time work schedule for a worker. Such grounds include:

the presence of seriously ill close relatives requiring care;
presence of minor children with disabilities;
presence of children under 14 years of age - how to establish part-time;
employee pregnancy;
presence of a small child under 36 months.

If the manager refuses to transfer the above categories of persons to a shortened schedule, they have the right to go to court or to the labor commission.

Among other reasons underlying the request for transfer, the following are noted:

the distance between the employee’s place of residence and the place of work;
presence of health problems confirmed by official medical documents;
raising children by one of the parents (single mother, single father);
problems with transport, etc.

How to write for a shortened week transfer?

There is no unified application form for transfer to a part-time or a week at the initiative of an employee. Such a document is drawn up by the employee himself or using a computer in free form.

The statement consists of a header and a body. The appeal should indicate the name of whom the paper was drawn up, the applicant’s data (position, surname, first name, patronymic).

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

The main part sets out the basis for the appeal and its essence. It should be stated in what form the employee wants a shortened working schedule, from what point, if the resolution is positive, a special work schedule should be put into effect.

The application must be accompanied by documents confirming the existence of a reason for establishing a part-time working regime.

The document is dated on the day of preparation, signed by the employee and submitted to the office or directly to the manager.

Based on the employee’s application, an order is drawn up -.

How to go?

To save money at the enterprise, management introduces part-time work. As an addition, finances allocated for payments when the number of employees is reduced are saved. Please note that preparation for the procedure must be thorough. If there is a violation, the company management will be held accountable according to the law. Working time is the period during which a person works. The employee's responsibilities are reflected in the employment agreement. The length of the work week is set at 40 hours. This is reflected in the TC.

The legislator does not reflect the concept of partial time. The letter from Rostrud states that employers have the right to establish a partial week or day regime at the enterprise. The letter was published in 2007. If the length of the working week is less than reflected above, it is considered incomplete. The initiative of company management in this direction is limited. Essential conditions are established for the employment agreement. This issue is resolved by the parties to the contract. The company cannot independently establish a daily routine.

Article 74 of the Labor Code indicates an exception to this rule. This includes situations where the agreement between the parties cannot be maintained due to the circumstances that have arisen. For example, changes are made to working conditions. The company's management has the right to set part-time hours. The exception is the adjustment of human function. The law says that this regime is established for six months. The condition is that the circumstances may lead to massive termination of relations with employees. It is necessary to take into account the opinion of the professional body.

Based on this, they conclude that partial time is established when two conditions occur:

the possibility of massive job cuts;
changes in organization or technology in working conditions.

Tariff-type agreements provide for definitions of mass termination of labor relations. The criteria for mass participation are reflected in the by-laws. The number of laid-off workers and the period during which layoffs occurred are taken into account. The company's management is obliged to inform employees about the introduction of this regime. The laws stipulate a minimum period for this. The message is sent a couple of months before the transfer.

The body operating in the field of employment must be notified within three days of changes occurring. The countdown begins from the moment the decision is made. Initially, an order is issued to introduce part-time time. At the initial stage, the act is agreed upon with the members of the trade union. This must be done if the organization has such a body.

The order is used by the company's personnel and financial departments. For this reason, it is necessary to clearly indicate the duration of the regime and for whom it is introduced. It is mandatory to notify employees. This can be done at the time of signing the order or sent in a separate act. In the latter situation, it is recommended to set a period during which the employee can read the document and sign.

The introduction of the regime occurs at the initiative of employees. In this case, the person will need to write a statement. The document reflects a request to establish such a regime. The legislator has calculated the length of the working day. It is equal to eight hours. When a person works in shifts, the duration of a working month cannot be less than 165 hours. The shift is set by the employer.

For such citizens, part-time work is formed by reducing the hours per shift or the number of shifts per month. Both methods can be combined. There are several reasons why an employee asks to set part-time hours:

woman expecting a baby;
providing assistance to sick relatives;
parenting.

A family may include unrelated persons. They live in the same room. The condition is that the citizen fully provides for the relative. If the cause is illness, you will need to take a certificate from a medical organization confirming the fact.

Do I need to write?

Part-time employment is a type of legal relationship in which a worker is busy fulfilling his production tasks for an incomplete number of working hours established by the legislator for weekly accounting (40 hours).

With part-time work, it is not the volume of labor functions performed that correspond to a particular position that is reduced, but the duration of their performance.

An important point is the fact that working hours may have a daily reduced duration (depending on the volume of the rate) or have a shortened duration when counting the total hours worked for the week (with a part-time work week - for example, work on Monday, Wednesday and Friday with a daily duration of 8 hours).

This is important to know: Is the length of service interrupted upon dismissal?

The amount of the rate is determined at the discretion of the employer or at the request of the employee and depends on:

Opportunities for workers to perform a certain volume of production tasks;
The number of such tasks from the employer;
Intensity of production activity, etc.

The most commonly used method is to set the working day at a quarter, half or three-quarters rate.

Part-time work can take place both at the place of primary employment and at a combination of positions.

The legislator, in the codification of normative legal acts regulating labor relations, noted the only mandatory document, which is the employment contract.

Previously, according to the laws in force in the USSR, an employment agreement could be concluded either in writing or orally.

When using the second option, the employee was obliged to draw up a job application, regardless of the scope of the expected production functions and the time of involvement in their implementation.

The application in the presented case was a confirmation of the will of the future employee to begin performing labor functions, and the management resolution affixed to it was a confirmation of the actual existence of legal relations between the employer and the worker.

How to apply?

It was stated above that the type of document presented is not mandatory, which explains the absence of special requirements for it.

An application for admission to a part-time position is drawn up in any form.

The employer has the right to develop his own sample of such an application and provide it to future employees.

The text of the document is drawn up on A-4 format or on the company’s letterhead. Some organizations specifically approve an application form for use by future employees.

The essence of the application is stated in accordance with the basic requirements of business correspondence and the rules for maintaining corporate documentation.

The application consists of a header, which indicates the name of the company with which the applicant wishes to conclude an employment agreement, the information of the manager, as well as the information of the compiler himself.

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

The body of the document must contain the immediate essence of the application outlining the request for employment, the scope of the proposed work to be performed, as well as the date of commencement of the work function.

The submitted official paper is dated and signed by the originator.

How to place an order for part-time admission?

for part-time devices (0.5)

part-time job applications (0.5) – word.

To the Director of JSC "Nemišlya"

Living at:

G. Magadan, st. Syzrantseva, house 15, apt. 3

I ask you to accept me for a combined job as an assistant to the head of the financial department at 0.5 rate from 03/15/2019.

I am attaching to the application:

Photocopy of passport;
A photocopy of the work record;
A copy of your education diploma.

Decor

Initially, an application is drawn up. The act must be addressed to the management of the enterprise. Transferred to the HR department. Some companies have developed their own form. It is filled out according to the model existing at the enterprise. If such an act has not been developed, a free-form application is written. A sheet of A4 format is used. It is recommended to notify your supervisor before drawing up a document. The act reflects information about the enterprise where the person works.

A request is reflected regarding the establishment of a part-time regime. The day from which changes are made is indicated. The Appendix reflects a list of documents that confirm the need to establish such a regime. The management of the enterprise cannot refuse to accept such a document. The review is carried out by the management of the company over a specified period. As a result, a decision is made.

Employees of the personnel department create an order reflecting the part-time schedule. The document specifies which method of reducing the length of the day is chosen. The time set for eating and rest is prescribed. You will need to draw up an additional agreement for the employment contract. This is due to the fact that the labor regime of a particular employee will differ from that in force in the company.

All documentation must be filed in your personal file. Entries about the introduction of part-time work are not made in work books. Earnings are declining. The employee is provided with the use of vacation and lunch. The length of service cannot be reduced. If a person is called to work on a day off, the payment is double.

Who can count on a reduction in labor time?

Distinctive features of shortened operating modes:

A shortened day is regulated by law, while the NRV is established in accordance with the agreement of the parties.
Short-time work is paid at the full rate, while labor time is paid in accordance with the number of hours worked.

In practice, the concept of part-time work is often replaced by a shortened one. In accordance with the law, the following categories can count on an incomplete week:

pregnant women;
mothers raising a disabled person or a child under 14 years of age;
women caring for a sick relative who provided a medical report.

When the law provides for the possibility of employing a disabled person, the employer is obliged to meet halfway. The period of employment must be limited in accordance with the Labor Code and can be further reduced at the request of the latter.

Important! Benefits for mothers apply to any parent raising a child on their own, including during forced long-term absence. For example, during a stay in hospital treatment.

If the NWP is established at the time of signing the employment contract, the specifics of the duration of the working week and payments are indicated in the agreement. When an employee expresses a desire to switch to NRT in the process of cooperation, his request must be formalized in the form of a statement and confirmed by an order from the manager.

Salary calculation

Article 93 of the Labor Code provides that when establishing a part-time day, payment for work is required in proportion to the period worked. The level of payment may depend on the amount of work performed by the person. It is necessary to take into account the procedure applied for working time standards. The period is divided in calendar order. This division is influenced by the length of working time per week. The letter developed by Rostrud establishes that the amount of earnings is decreasing. This is not affected by the payment system used.

Part-time work implies that it is necessary to correctly take into account the time worked by a person. The work schedule will need to be adjusted. If an employee is involved in work outside the working day established for him, payment is made at an increased rate. This rule is reflected in the letter from Rostrud. It was formed in 2007.

When considering part-time pay, they indicate that employers should take into account the provisions of Article 74 of the Labor Code. Notifications sent to employees include information about innovations.

A certain judicial practice has been developed on this issue. For example, the appellate instance in the Moscow City Court found the establishment of a part-time working day for an employee to be inconsistent with the law. In this case, the cause was changes occurring in organizational working conditions. The basis for declaring the action illegal was that the provisions reflected in Article 57 of the Labor Code were violated. This norm states that working hours are considered an essential condition of the employment agreement. The organization did not send the employee notice of the change in payment - therefore the process is illegal.